TIME’S UP Statement On Employee Non-Disclosure Agreements
On August 20, 2021, TIME’S UP leadership provided notice to past and present employees that they were being released from provisions within their Non-Disclosure Agreement. Today, TIME’S UP provided further details on what this release entails in a memorandum (the “memo”) to all staff.
The memo notes that, as of August 20, 2021, past and present employees were released from the non-disparagement provision in the Employee Proprietary Information and Inventions Agreement (PIIA). TIME’S UP will not use, enforce or act on non-disparagement provisions in our PIIA going forward. TIME’S UP has also updated our PIIA to remove the non-disparagement provision, among other changes. The updated PIIA clarifies and explains various other circumstances in which an employee is free to disclose information notwithstanding the confidentiality obligations in the agreement. PIIA contains a provision, which remains in effect, making clear that employees can always discuss or disclose working conditions at TIME’S UP, including to raise concerns about unlawful discrimination or harassment. A new PIIA has been shared with staff.
Today’s memo also reinforced that past and present employees are not released from other provisions in the PIIA, including provisions protecting TIME’S UP proprietary and confidential business information and intellectual property.
It is important to note that independent contractors to TIME’S UP sign a different agreement than employees. Our services agreement for independent contractors requires contractors to protect and not disclose TIME’S UP’s confidential business information. However, contractors are expressly permitted to report possible violations of federal or state law to a governmental agency, make other disclosures that are protected under the whistleblower provisions of federal or state law, or make reports under wage transparency laws, the National Labor Relations Act or similar laws. Our services agreement does not contain a non-disparagement provision. Independent contractors are free to discuss with anyone else their personal experiences as a contractor at TIME’S UP and their personal views about the organization and its work, but they are not permitted to share or disclose TIME’S UP’s proprietary and confidential business information and intellectual property.
Through today’s memo, our hope is to bring added clarity, transparency and stability to the organization as we continue to advance our important mission.
TIME’S UP Foundation
The TIME’S UP™ Foundation insists upon safe, fair, and dignified work for all by changing culture, companies, and laws. We enable more people to seek justice through the TIME’S UP Legal Defense Fund™. We pioneer innovative research driving toward solutions to address systemic inequality and injustice in the workplace through the TIME’S UP Impact Lab. And we reshape key industries from within so they serve as a model for all industries. The TIME’S UP Foundation is a 501(c)(3) charitable organization.